Have you been involved in an accident that has led to more mental and/or bodily damage than a property one, and you want some form of compensation? Well, the question is what do you do? How do you file a justifiable personal injury lawsuit against the one responsible? How do you value your injury claim?
This is no case to lose and you must do everything legally and rightly possible to protect and claim your rights?
First things first: write down the details after the accident with photos and videos accompanying where possible. Keep every possible material that can serve as irrefutable evidence. Get factual medical records detailing how you have had to be treated; show previous medical state prior to the accident and what is the current state of things.
The next thing in line is to determine who is legally at fault for an accident or personal injury. This can be a little trick. Tricky because most accidents are usually beyond comprehension. They’re too unexpected to truthfully decide who is really responsible. An accident could be a result of several factors:
- It may be due to some negligence on your part.
- It may be due to negligence on the side of the other party/s.
- It may be a “Respondeat Superior”. This is a case in which an injury is claimed to have been caused by an employer who wasn’t even present at the accident scene. This is because the employee had the accident while trying to speed up to work for the employer in a bid to report to the office on time.
- It may be a shared fault situation where both you and the defendant were responsible for the accident.
Proper knowledge of “who caused” is important before filing a personal injury lawsuit, because the defendant can raise some of these arguments in an attempt to limit or bar your claim.
Here are some other tips to easily deal with a personal injury challenge:
Tips To Easily Deal With A Personal Injury Challenge
Engage An Attorney
If you’re convinced that a personal injury was principally the fault of the other party, you’ll need to measure the extent of damage in order to determine how much the case is worth. How badly were you hurt? If you fall in a shop and suffer a few bruises, you may be offered a quick settlement to cover your medical bills, and no court situation is necessary.
But if the injury is from a serious car accident and you have undergone costly medical treatment and lots of pain as a result, you may want to consult with an experienced injury attorney. Defense experts at Lichtenstein Law Group have run countless cases of personal injury and have a record 100% wins in and outside the state of Virginia. You will need such expertise here because in this case, the stakes are higher.
The defendant or his insurance company doesn’t want to pay a large amount to resolve the case. You don’t want to back down on your claim for a huge settlement either. Things begin to get messy. A fight can also ensue if it is not so clear that the defendant is responsible for causing the accident. In this kind of situation, it’s usually well worth it to hire a lawyer.
Your compensation claim for the pain and injuries you suffered is more than a couple of thousand dollars, and if it goes into tens of thousands, you will need legal representation for the claim to be taken seriously by the defendant’s insurance company.
Besides, you will need an attorney to account for any medical treatment needed or lost future income into the compensation claim.
Be Careful With An Insurance Adjuster
Sometimes, depending on the severity of the injury and seeing that the other party or parties are very reluctant to accept liability and make acceptable financial settlements, you would decide to go to court. This isn’t a bad option. However, be sure to exhaust all available options to settle outside the court setting before embarking on the legal journey. The reason for this is that court cases are always risky.
In court, you should know that cases are won based on lawyer skills and years of experience, and familiarity with the particular court presiding over the case. The question is, how can you be sure that your lawyer is experienced and skillful enough to get the jury on your side? How could you be sure the jury won’t decide in favor of the defendant and get you into a bigger loss?
You would wish you had taken whatever little settlement you were initially offered.
Avoid the courts as much as possible and talk the defendant’s insurance adjusters into agreeing with your demands. You just need to make them see reasons with you and that’s all. After all, every human still has a conscience. No matter how hard a clay soil may be, little drops of water would soften it in a while. The water in this allegory is the incessant convincing talk. The hard clay is the insurance adjuster. You’ll get rewarding compensation.
Lastly, in order to always do well in a court case, it’s better you use a group of attorneys instead of just one individual. You should also raise the price of the claim high enough so that after negotiation it may come down to what you really wanted. It always pays to play smart.